[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 18013-18014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7854]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Docket No. AB-33 (Sub-No. 291X)]


Union Pacific Railroad Company--Discontinuance of Trackage Rights 
Exemption--in Alameda County, CA

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments and 
Discontinuances of Service to discontinue local trackage rights over 
1.80 miles of rail line owned

[[Page 18014]]

by Alameda Belt Line (ABL) \1\ between milepost 0.00 near Clement 
Avenue and milepost 1.80 near Sherman Street in the City of Alameda, 
Alameda County, CA (City).\2\ The line traverses United States Postal 
Service Zip Code 94501.
---------------------------------------------------------------------------

    \1\ ABL is jointly owned by UP and Burlington Northern and Santa 
Fe Railway Company (BNSF). UP acquired the trackage rights in Union 
Pacific Railroad Company--Trackage Rights Exemption--Alameda Belt 
Line, STB Finance Docket No. 33682 (STB served Nov. 24, 1998). Once 
the exemption became effective, UP handled rail cars as the 
operating agent for BNSF.
    \2\ UP states that the City has negotiated a purchase agreement 
with it and BNSF to purchase the line and, as a condition to closing 
the agreement, the City desires that UP and BNSF discontinue service 
over the line.
---------------------------------------------------------------------------

    UP has certified that: (1) No local traffic has moved over the line 
for at least 2 years; (2) there is no overhead traffic on the line; (3) 
no formal complaint filed by a user of rail service on the line (or by 
a state or local government entity acting on behalf of such user) 
regarding cessation of service on the line either is pending with the 
Board or with any U.S. District Court or has been decided in favor of 
complainant within the 2-year period; and (4) the requirements at 49 
CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice 
to governmental agencies) have been met.
    As a condition to this exemption, any employee adversely affected 
by the discontinuance of service shall be protected under Oregon Short 
Line R. Co.--Abandonment--Goshen, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, this exemption will be 
effective on May 8, 2010, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues and formal 
expressions of intent to file an OFA for continued rail service under 
49 CFR 1152.27(c)(2) \3\ must be filed by April 19, 2010.\4\ Petitions 
to reopen must be filed by April 28, 2010, with: Surface Transportation 
Board, 395 E Street, SW., Washington, DC 20423-0001.
---------------------------------------------------------------------------

    \3\ Each OFA must be accompanied by the filing fee, which 
currently is set at $1,500. See 49 CFR 1002.2(f)(25).
    \4\ Because this is a discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate. Likewise, no environmental or historical 
documentation is required here under 49 CFR 1105.6(c) and 1105.8(b), 
respectively.
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., 101 North Wacker Drive, Room 
1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
www.stb.dot.gov.

    Decided: April 2, 2010.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2010-7854 Filed 4-7-10; 8:45 am]
BILLING CODE 4915-01-P